Complicated Land Grab Rules Are a Windfall for Michigan Governments Audio By Carbonatix Yesterday a fragmented Supreme Court announced its judgment in Gundy v. United States, which upheld a provision ...

As we have covered in previous articles here, the new authority Congress provided to the Department of Health and Human Services (HHS) under the Inflation Reduction Act (IRA) to directly negotiate the ...

Today there are more than 300 independent and regulatory agencies that publish more than 75,000 pages of new and proposed rules in the Federal Register every year. At the beginning of each calendar ...

Do any of these doctrines prohibit private delegations? If, per the conventional wisdom discussed in the Introduction, Schechter Poultry and Carter Coal prohibit Congress from delegating to private ...

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...

Six years ago, I noted that the Supreme Court’s fragmented judgment in Gundy v. United States suggested that the nondelegation doctrine might have a future. Legislative power is vested in Congress ...

It’s not often one has the opportunity to undo an original sin. The U.S. Supreme Court recently had that opportunity in Gundy v. United States. Unfortunately, the justices ate of the forbidden apple ...

Nondelegation is easy to get wrong because there's more than one nondelegation doctrine. Everyone knows about the classic doctrine—the one that's usually called the Nondelegation Doctrine, which ...